I am passionate and dedicated designer tackling complex problems and finding creative solutions. I use language & content strategy to make design solutions that are intuitive, trusted, and easy to use. I put the users of my solution at the center of every decision I take. I have 5+ years of commercial projects experience at Ukrainian IT companies and 4 years at Upwork freelancer platform (projects with small budgets). Now I live in NYC area.
Macy is a Content Writer at WebFX. With a Content Marketing Certification, she's an expert in crafting pieces filled with the facts about all things digital marketing. You'll find many of her pieces featured on UpCity's Top Digital Marketing Articles of the Week. When she isn't clacking her keys, she's wondering why her dog is so cute. Follow her on Twitter @iinfinitestorm.
Aloha Tatiana! I wish your questions had straightforward easy answers – and if you are government funded it kind of is. (See here: https://www.ada.gov/websites2_prnt.pdf) if you are not government funded, this is something that is currently being debated in the legal system. That being said, the WCAG 2.0 guidelines are a good set of guidelines to help protect yourself if you feel you should. (You can see more on WCAG here: https://www.yokoco.com/find-out-how-to-make-your-website-compliant/)
The ADA statute identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements and other basic obligations. It delegates fleshing out those obligations to federal agencies. The agencies issue regulations and design standards. The regulations have the details on the rights of people with disabilities and responsibilities of employers, state and local governments, transportation providers, businesses and non-profit organizations. The design standards specify how many entrances need to be accessible, how many toilet rooms and the design for those elements. To know what the ADA requires, you need to read the law, regulations and design standards.
Webpage designers often have aesthetic preferences and may want everyone to see their webpages in exactly the same color, size and layout. But because of their disability, many people with low vision do not see webpages the same as other people. Some see only small portions of a computer display at one time. Others cannot see text or images that are too small. Still others can only see website content if it appears in specific colors. For these reasons, many people with low vision use specific color and font settings when they access the Internet – settings that are often very different from those most people use. For example, many people with low vision need to use high contrast settings, such as bold white or yellow letters on a black background. Others need just the opposite – bold black text on a white or yellow background. And, many must use softer, more subtle color combinations.
This is the exact opposite of mistake #1. Let me start by revealing a dirty little secret when it comes to website design. Most people think, Oh, I’m going to hire a professional website firm because I want a “real website” As opposed to a Word Press website or something else. And what most people don't realize is that all websites are made from the same stuff.
Do all websites have to be ADA compliant? Does yours? Though the legal definitions are somewhat unclear, it is clear that inaccessibility invites legal action and misgivings from customers. Web accessibility does not have to be complex, and it may not take much to test your site and make it accessible. Take web accessibility step by step and you can avoid stressful lawsuits, and invite all patrons to your website.
I have previous experience with a company that sold a platform to help alleviate ADA compliance issues on websites. From my understanding litigation is being brought to a few industries with it beginning to trickle down into others. Government agencies, education, banking, and law firms were some of the early initiators that were paying more attention to ADA before any lawsuits approached their door.
If you use outside resources for your web needs, or have a dedicated web person or company, call them immediately. If you have a department or staff, even better. But— if you are working on your own, you would do yourself and your business a favor to contact a reputable web developer to discuss how to make your site accessible and avoid possible lawsuits. The older your website, the more likely it is that it is NOT compliant. Take action now!
We recommend following the Web Content Accessibility Guidelines (WCAG) as best practice on your site, which is what our platform uses as the foundation for our accessibility guidelines. To see how accessible your site is according to WCAG, request a website audit using the form on this page. Your PDF report will be emailed to you within one business day, so you can start assessing the conformance of your site quickly.
In an August 2016 case involving the University of California Berkeley, the DOJ ruled that the public university was in violation of ADA Title II (similar to Title III but it instead applies to government organizations) because their YouTube channel’s videos didn’t include captions for hearing impaired visitors. The DOJ found this to violate the ADA as deaf users did not have equal access to the online content.
So, without a clear set of accessibility regulations to comply with, how can you tell if your website is compliant? The best measure available is the aforementioned WCAG 2.0 Level AA guidelines. WCAG standards have been the guiding accessibility principle in the European Union and other countries since 1999, with the most recent update taking effect in Spring of 2018. While WCAG is a set of recommended actions rather than enforceable legislation, it forms the backbone of many online accessibility laws around the world and offers a strong model for any American organization striving to provide equal access for all users.
You are correct, ADA defines an “employer” as any person who is 1) engaged in an industry affecting commerce; 2) employes 15 or more full-time employees each work day; and 3) for at least 20 or more calendar weeks in the year. In the context of physical spaces, ADA would not apply to companies with fewer than 15 employees. However, courts don’t seem to have come to a consensus on what digital compliance really should look like. Because websites can be accessed anywhere in the country, small business owners might potentially face lawsuits in unfavorable jurisdictions. If you are a small business owner, I would recommend consulting with an accessibility lawyer and ask what they recommend.